Terms and Conditions on Data Protection of Music2Deal
"Music2Deal” refers to the service provided subject to these General Terms and Conditions and/or music2deal e.k.. In these terms and conditions on data protection Music2Deal would like to inform you about how Music2Deal handles your personal data and how you can exchange this data with other MEMBERS of Music2Deal. These terms and conditions supplement the General Terms and Conditions for using Music2Deal provided on most of the Music2Deal pages.
1. Personal Data
1.1. By personal data we mean information, which can be used to find out your identity. This, for example, is your full name, your address, your telephone number. Information about which content was requested by a certain IP address or which browser you used to access our website does not belong to this term.
1.2. Music2Deal shall collect, process and use your Personal Data in accordance to the General Data Protection Regulation (GDPR).
1.3. Music2Deal shall use your Personal Data solely to provide you the Music2Deal Services on the Internet for which you have registered. Music2Deal only when requested and required for technology and/or legal compliance will share your Personal Data with a third party, either for advertising or for marketing or any other purposes as defined during the negotiations of Music2Deal with such 3rd parties.
1.4. Music2Deal needs to collect and process certain elements of your Personal Data in the course of the registration process. This data includes your password and/or your user name which might be visible to any Music2Deal-Member at any time if the hidden mode is not selected by the user. Music2Deal shall never disclose or pass your password and/or your user name on to any third party.
1.5. Furthermore, you will need to fill out the following Personal Data in the course of the registration process (mandatory fields): First name, Last name, Company name, e-mail Address, Main Business Activity. You should select one of the main activities shown on the site. An empty field labelled as “REFERENCE” where you state that you are involved professionally in music. Here you can also enter links which prove your credential or claims of being a music professional. The information entered here in this field is subsequently displayed on the profile as - "References". This information can be changed on “Edit profile” after your registration has been accepted.
1.6. Furthermore the following data can be added, edited and deleted on “Edit profile”: Profile Data, Main activity (selection box, options see website), Secondary activity (selection box, options see website), Company Profile, Personal Profile, References, Contact data, First name, Last Name, Company name, Street, Country, Phone 1, Phone 2, e-mail, Home, Date of Birth and upload a picture. In this context, each member can determine which data will be published and which will not be in accordance with the General Terms and Conditions agreement. If the data has been entered by the user, other Music2Deal members will be able to view this information without restrictions except for the username and the password. Visitors who are not registered on Music2Deal will not be allowed to see the following information even though it has been entered: Company Profile, Personal Profile, References, Street, Postcode, Phone 1, Phone 2, e-mail, Home, Date of Birth.
1.7. Music2Deal uses the Personal Data of the registered member for the below:
- administer your “member” accounts with Music2Deal
- verify your “member” identity
- process materials submitted by yourself - “ the member ”
- send information about similar products and services OR information which we think you might find useful
- carry out marketing analysis and make general improvements to the website
- obtain your views or comments on the services we provide
- ensure that content from the website is presented in the most effective manner for you and for the device you use to engage with Music2Deal
- carry out our obligations towards any 3rd parties and/or partners arising from any contracts or agreements entered into between you and us
1.8. Who may receive information about you
We only pass your personal data onto third parties when this is required to fulfil our business purposes (i.e. in particular to manage the services we are obliged to provide you with, e.g. to make your profile available to another user), when you have given your consent to this (e.g. when using an external application), or when we are obliged to on legal grounds, by court order, or at the request of another official authority. External service providers for our data processing (e.g. software contractors who enhance the Music2Deal website and/or develop internal and/or external applications), work with us after signing with us a very tight Non Disclosure Agreement. In all such instances, Music2Deal remains responsible to you for data processing.
We review each of these service providers beforehand with regard to the measures they have undertaken to ensure data protection and data security, thereby safeguarding the contractual provisions as stipulated by law for the protection of the personal data.
- Non-Member of Music2Deal: Music2Deal provides the option within the settings of a member's account to limit the data visible in his/her profile only to members of Music2Deal. This can be done by choosing “No” at the status for display as a “Public profile”. By choosing “Yes” the member's profile can be visited by general public not identifiable by Music2Deal e.g. the general public can visit such public profiles by using search engines or other such direct links and Music2Deal won´t be able to identify such visitors in any way whatsoever as this is beyond the control of Music2Deal.
- Invited people: As a member of Music2Deal you can invite other people to become a member on Music2Deal. As soon as they accept your invitation and join Music2Deal they are added to your “business friends” list on Music2Deal. During this process of invitation, Music2Deal collects personal data of the member being invited and processes it solely for the purpose of invitation. Music2Deal will not use such data for any other purpose. It is important to note that when a member sends an invitation to the recipient, the recipient will be able to see the following information: First name, Last name, Company name, Photo, Main Activity, Country and City.
- Technical partners receive access to data for the development and operation of applications of Music2Deal. Technical partner could be: Public authorities and courts, Technical service providers, Hosting providers, Ad server providers, E-mail sending providers, E-mail marketing providers, Marketing automation software providers, CRM providers, Software developers, Agencies, Market research and survey tool providers, Remarketing/Retargeting providers, Sales service providers and call centres, Service providers for advertising campaigns and the display of ads, Providers of tools for website use analysis, R&D cooperation partners, Other platform providers for the purpose of "Social Plugins" and Event partners.
- Our members possess the ability by clicking the button “external connections” to connect and to disconnect their accounts with external social media accounts e.g. Facebook, LinkedIn and Twitter. For each social media connection made our member can set up the following:
- Share new offers: Each newly created Offer on Music2Deal.com will be shared automatically with these external social media accounts, unless the profile is marked as private.
- Share new needs: Each newly created Need on Music2Deal.com will be shared automatically with these external social media accounts, unless the profile is marked as private.
- Share votes: Each new like or vote on Music2Deal.com will be shared automatically with these external social media accounts, unless the profile is marked as private.
- Connect external profile: For each external account you have connected to Music2Deal, the corresponding social media connection is denoted by an icon (the logo of the social media company). This is visible besides your name which appears on the Music2Deal profile page.
- Whenever you choose a premium membership we process your payment information such as your credit card and bank details. We also process information and share this information with our Payment Service providers, receivables management providers and/or debt collection providers.
- In the event that we sell some or all of our business interests and/or assets to any third party or as part of any business restructuring or reorganisation (in such circumstances we will take steps to ensure that your privacy continues to be protected) or buy any business or assets, in which case we may disclose your Personal Data to the prospective seller or buyer of such business or assets.
- In-case Music2Deal And/Or all/partial/substantial of its assets are acquired by a third party, then in this case - Personal Data held by Music2Deal about its members will be one of the transferred assets.
- If we reasonably believe that we are under a duty to disclose or share your Personal Data as required by law (for example, if required to do so by a court order or for the purposes of prevention of fraud or other crime) or in order to comply with any legal obligation, or in order to enforce or apply other agreements we may have with you; or to protect the rights, property, or safety of Music2Deal, our customers, or other public in general. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
1.9. We save those data until the respective user either deletes this data themselves or their user account is deleted.
1.10. Music2Deal uses a security system that protects any personal information that is stored on our servers from unauthorised use. However, as no data transmissions over the Internet can be guaranteed to be 100% secure, we cannot take responsibility for any unauthorised access or loss of personal information that is beyond our reasonable control.
2. Non-personal data
2.1. Automatically recorded information (non-personal data): When you access our website, we may automatically (i.e. without a registration process) record general non-personal information (e.g. IP number, type of Internet browser and operating system used, domain name of the website from which you accessed our site, number of visits, average time spent on the site, pages viewed). This information may make it possible to draw conclusions about personal data. If it is essential that we record, process and use your communication or utilize such non-personal data then the usage is subject to the legal data protection regulations as per the courts of Hamburg, Germany.
Cookies are small files that are temporarily stored on your hard disk. Naturally, you can also view our website without cookies. Our cookies contain no personal information, in order to ensure that your privacy is protected. Most browsers accept cookies automatically. You can stop cookies from being saved by selecting "Do not accept cookies" in your browser. To learn how to do this for your specific browser, please refer to the manufacturer's instructions for your browser. If you do not accept cookies, this may however mean that you cannot use all of the functions of our website.
2.3. All access to our servers, web pages and data bases from Music2Deal are subjected to logging. We regularly gather the below:
- IP address of the requesting computer
- Date and time of the request
- Access method/function wanted by the requesting computer
- Input values transmitted by the requesting computer (file name,…)
- Access status of the Web server (files transfer, file not found, command not implemented, etc.)
- Name of the requested file
- URL, from which the file and/or the desired function was requested.
The stored data is used for identification purposes and to keep track of inadmissible access attempts and accesses on our internet servers. We make anonymous sum statistics and statistic evaluations for the improvement of our offers. However during this process of making anonymous sum statistics, some data might accrue at our end which might potentially permit conclusions on individual users.
2.5. Java applets, Flash components or similar technologies are being used on Music2Deal to enhance your interactive experience on Music2Deal. No personal data is being stored by these technologies.
3. Your individual rights
Under the GDPR your rights are as follows.
3.1 Right to object
- General: You have the right to object at any time to the processing of personal data concerning you, pursuant to Article 6 (1) f) of the EU GDPR. This shall also apply to any profiling carried out on the basis of these provisions. Please use our contact form to submit any of your objection/s.
- Direct marketing / newsletters: If we process your personal data for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing. This includes profiling to the extent that it is related to such direct marketing. You can unsubscribe to our newsletters at any time in your notification settings on Music2Deal, or in your e-mails by clicking on the link provided at the end of the respective newsletter, without incurring any costs other than the transmission costs in accordance with the basic tariffs. In some applications there are different ways of unsubscribing to a newsletter or notifications. At the Music2Deal Settings you can subscribe and unsubscribe those notifications. Incase you receive an email from one of our marketing officers or contractors without your consent or by mistake then you can either bring it to our notice using our Contact Form found on all pages of Music2Deal. You can also simply click “reply” to the email and in the body of the email please type the word “UNSUBSCRIBE” in bold.
3.2 Right of access
- You have the right to demand confirmation as to whether we process your personal data. If this is the case you are entitled to receive information about this personal data.
- If possible, we will share the planned period of time that the personal data will be saved for. Incase this isn't possible then the criteria we use to determine this time period.
- You can demand confirmation on the existence of a right to rectification or erasure of your personal data and/or the right to restriction of processing by the controller, or a right to object to this processing
- You can demand confirmation on the existence of a right to lodge a complaint with a supervisory authority.
- You can demand confirmation on all available information about the origin of the personal data if the data was not obtained from the person in question.
- If personal data is passed on to a third country or an international organisation, you have the right as the person affected to be informed about the respective guarantees (pursuant to Article 46 of the EU GDPR) regarding this sharing of data.
3.3. Right to rectification: You have the right to demand that we correct any incorrect personal data concerning you with immediate effect. Taking the purposes of processing into account, you have the right to demand the completion of any incomplete personal data – including by means of a supplementary explanation.
3.4. Right to erasure: You are entitled to demand that we delete your personal data without delay if one of the following applies:
- The personal data is no longer required for the purposes for which it was collected or processed in some other way.
- You withdraw your consent that the processing was based on pursuant to Article 6 (1) a) or Article 9 (2) a) of the EU GDPR, and there are now no valid legal grounds for processing.
- You submit an objection to the processing of your data pursuant to Article 21 (1) of the EU GDPR and there are no overriding justifiable grounds for the processing, or you submit an objection to the processing of your data pursuant to Article 21 (2) of the EU GDPR.
- The personal data was processed unlawfully. The deletion of the personal data is required to fulfil a legal obligation in accordance with EU law or the law of individual member states. The personal data was recorded in relation to the offer of information society services directly to a child, pursuant to Article 8 (1) of the EU GDPR. Once you have made your request, we are obliged to delete the data with immediate effect. The lawfulness of the data processing for the period between the consent and the withdrawal of this consent shall remain unaffected.
3.5. Right to restriction of processing: You are entitled to demand a restriction to the processing of your personal data in cases where you dispute the correctness of the personal data, for a period of time that allows the controller to review the correctness of that personal data. If the processing is unlawful and you reject the erasure of the personal data in favour of demanding a restriction to the use of the personal data, we will fulfil this request. Processing will also be restricted if we no longer require your personal data for the purposes of processing but do require it for the establishment, exercise or defence of legal claims. Or if you have objected to processing pursuant to Article 21 (1) of the EU GDPR, for as long as is not yet ascertained whether the justifiable grounds of the controller outweigh your grounds. We will inform you in advance should the restriction be revoked.
3.6. Right to data portability: You have the right to receive personal data concerning you that you have made available to us in a structured, conventional and machine-readable format, and you also have the right to transfer this data to another controller without being impeded by us to whom the personal data has been made available. The condition is that a) processing is based on consent pursuant to Article 6 (1) a) of the EU GDPR or Article 9 (2) a) of the EU GDPR or on a contract pursuant to Article 6 (1) b) of the EU GDPR, and b) the processing is conducted with the help of automated processes. When exercising your right to data portability you have the right to demand that the personal data is transferred directly from us to another controlling body, provided this is technically viable.
3.7. Right to withdraw consent: If processing is subject to your consent you have the right to withdraw this consent at any time. This shall not affect the lawfulness of any processing that took place with your consent up until its withdrawal.
3.8. Right to lodge a complaint: With regards to your private data and its protection, the supervisory authority responsible for our company is:Freie und Hansestadt Hamburg, The Hamburg Commissioner for Data Protection and Freedom of Information, Prof. Dr. Johannes Caspar, Kurt-Schumacher-Allee 4, 20097 Hamburg, Germany Tel.: +49 40 / 428 54 – 4040 Fax: +49 40 / 428 54 – 4000 Further details are available on - www.datenschutz-hamburg.de (in German).
If you feel that the processing of your personal data infringes upon the EU GDPR, you have the right to lodge a complaint with the abovementioned supervisory authority from your regular place of residence, place of work, or the alleged place of infringement.
Further information about the complaint procedure is available in Article 77 of the EU GDPR.
4. Linked Sites
4.1 On Music2Deal there may be hyperlinks to other websites, not belonging to Music2Deal. Music2Deal has no control over such websites and the private information they might collect from Music2Deal members who click such hyperlinks. In this context,
4.2 Music2Deal assumes no liability whatsoever for invasions of the member's privacy which are caused due to the result of visiting such linked websites from within Music2Deal.
4.3 Music2Deal cannot take any responsibility and/or will not be liable in any way whatsoever for the function, up-to-date status, accuracy, completeness of content and the quality of 3rd party links.
4.4 The clause 4.3 is also applicable in the context of information contained in third party websites linked from within Music2Deal
4.5 The clause 4.3 will also apply within the context of the legality of content served by such 3rd party links.
Music2Deal offers its members an application internally termed as - “Groups”. Each group has one or more moderator(s). In general the process is that a Music2Deal-Member applies to join a group and the moderator has the right to decide whether or not to accept this group joining request/application from the member. Furthermore, the moderator has the right to decide whether the group will be public or restricted to a certain group of people. The information displayed for each group on Music2Deal is available only to Music2Deal-Members unless and until the moderator decides that non-members will also have visibility to this information.
Music2deal.com provides you with statistics about member's profile, including statistics about their music offers. Statistical information informs you-the member, how often your profile or offers were viewed, heard or added as a favourite, etc.
It must be noted in specific that a member with a Premium-Membership will have the ability to see how often and who visited their profile on Music2Deal. Such profile statistics especially the collection of information via our internal systems on who visited which profile on Music2Deal is mandatory. Therefore, if you do not agree with people knowing that you visited their profile, you should not be using Music2Deal and discontinue your membership right away. Continuing this membership would be considered your written express approval on this clause of Statistics.
Music2Deal regularly sends a newsletter as well as status e-mails and other notifications that concern the membership (e.g. statistics or new notifications) to all Music2Deal-Members. Members can unsubscribe from the newsletter at any time by e-mail via the email address given at the end of each newsletter link. Members can subscribe and unsubscribe to notifications from the settings page found within their member profile.
Some examples of Notifications and Newsletter settings are as below:
- 1. "My Music2Deal Report": I want to regularly (every week) receive the "My Music2Deal Report" newsletter with my personal statistics (recommended).
- 2. "Latest from Music2Deal": I want to regularly (every week) receive this newsletter which keeps me informed about news from Music2Deal, new Members, new Offers and Needs. (recommended).
- 3. Activities in My Network
- a. I would like to be informed about music Offers
- b. I would like to be informed about Needs
- c. "New Matches"
- 4. I want to regularly receive an email about new matches for my profile, Offers & Needs (recommended).
8. Under Age
The membership of Music2Deal is reserved only to persons who have reached the legal age of 18 years. If parents and/or legal guardians use Music2Deal on behalf of their 18 years old children for whatsoever reason then they will be solely responsible for the protection of their child's privacy.
9. Changes to these Terms and Conditions of Data Protection
In the event it becomes necessary due to gaps in the menitoned Terms and Conditions of Data Protection within this document, Music2Deal reserves the right to change such Terms and Conditions. This is applicable even if such gaps are identified after the immediate and updated release of this document online. Music2Deal will also reserves the right to change the Terms & Conditions of Data Protection when Music2Deal would start providing additional and/or modified services. Music2Deal will notify all members of any amendments to these Terms and Conditions of Data Protection via e-mail to the e-mail account which the members provided to Music2Deal while registering or as per Music2Deal's most updated records about the members.
10. Accessibility of these Terms and Conditions on Data Protection
All rights to the design of this website are held exclusively by Music2Deal e.K. Under no circumstance may the content of our website be reproduced, disseminated, transmitted (via electronic or other media), modified and/or used, either in part or whole, for public or commercial purposes without our prior written consent. In case you would like to create links to our website you will be required to do provide us with a prior notification and seek our approval in writing.
We cannot take any responsibility and exclude liability for the function, up-to-date status, accuracy and completeness of content or the quality of links, particularly in respect of information contained in third party websites that are linked herein (including the legality of content of those websites). The third parties hold exclusive rights to these external websites and are responsible for the content therein. We distance ourselves from any content if the content of party link within Music2Deal changes and as an effect it starts transmitting private data of members which in no way serves the business interests of Music2Deal e.K. This particularly applies to transmission of content that is prohibited under German as well as international data protection and privacy laws. We also maintain an arm length with 3rd parties if we find their links aiding and/or abetting the dissemination of private data of Music2Deal members especially the ones which constitute a prosecutable offence.
14. Contact Information
You can contact us or use other options to resolve any complaints.
If you have questions or complaints regarding this Policy, please first contact Music2Deal by e-mail to firstname.lastname@example.org or by using the contact form provided on most of the Music2Deal pages, or by letter. If contacting us does not resolve your complaint, you have more options. Residents in the Designated Countries may also have the right to contact our Data Protection Officer (have a look at 3.8).